Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 737612,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/737612/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Hon. (Eng.) Gumbo",
    "speaker_title": "",
    "speaker": {
        "id": 24,
        "legal_name": "Nicholas Gumbo",
        "slug": "nicholas-gumbo"
    },
    "content": "meeting held on 2nd December 2014 at State House, Nairobi empowered CSs vastly. They were given powers of oversight in sanctioning procurement in Ministries, Departments and Agencies (MDAs), formerly a preserve of Principal Secretaries (PSs). They would also approve work, procurement and cash flow plans. Article 73(1)(a)(iii) and (iv) of the Constitution states: “Authority assigned to a State officer - (a) is a public trust to be exercised in a manner that- “(iii) brings honour to the nation and dignity to the office; and (iv) promotes public confidence in the integrity of the office.” The Committee notes that this is an express provision that empowers CSs to be fully in charge of operations of their ministries. On top of this, the Public Service Commission (PSC) delegated human resource functions to the CSs on 5th January, 2015. This was meant to enhance efficiency, effectiveness and accountability. Cabinet Secretaries can no longer feign ignorance of day to day operations of their dockets. On the obligations of Accounting Officers, Section 68 (1) of the Public Finance Management Act, 2012 provides, inter alia: “An Accounting Officer for a national Government entity, Parliamentary Service Commission and the Judiciary shall be accountable to the National Assembly for ensuring that the resources of the respective entity for which he or she as the Accounting Officer used in a way that is lawful and authorised, and effective, efficient, economical and transparent.” This provision obligates all Accounting Officers to appear before PAC of the National Assembly to respond to audit queries in their respective MDAs. In addition, Section 74 (2) of the same PFM Act stipulates: “If a Cabinet Secretary reasonably believes that an Accounting Officer is engaging in or has engaged in improper conduct within the meaning of subsection (4), the Cabinet Secretary shall:- Take such measures as may be provided in regulations; or Refer the matter to the relevant office or body in terms of the statutory and other conditions of appointment or employment applicable to that accounting officer.” Hon. Speaker, this section empowers the appointing authority to discipline errant accounting officers, which could include revoking their appointment. This provision has sealed a long standing loophole that has previously seen Accounting Officers continuously commit or preside over fiscal indiscipline and malpractice in their ministries with impunity without sanctions. On the obligations of holders of Authority-to-Incur-Expenditure (AIE), to facilitate day to day running of MDAs, the Public Finance Regulations accord Accounting Officers power to incur expenditure on their behalf, in a manner that is lawful and within limits. The Accounting Officer still retains responsibility of expenditure of the vote. Hon Speaker, PAC applied varied sections of other relevant laws to cover the whole spectrum of the matter at hand. These include the following: i. The Banking Act 1989 with subsequent amendments. ii. The Central Bank Act. iii. The Public Procurement and Disposal Act 2005. iv. The Procurement Regulations 2006. v. The Proceeds of Crime and Anti Money Laundering Act 2009 (POCAMLA). vi. The National Youth Service Act. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}